mf-zyro
A N
ADDRESS
OF THE
CONVENTION,
%
For FRAMING.
A NEW
Conftitution of Government,
for the State of
Maffachufelts-Bay,
TO ? X S-- 1 A
:¥r *
CONSTITUENTS,
/ •
5' 0 S T O 2V;
Fxintfd by WHITE av3 AO AM >, next Door
TO THE CrOMW Ll/s-Hf. AL? ■ V/ Rft, IN S« HOCS,
Strist, M,DCC,LXaa.
V
A N
7 ' : ■ ' :
ADDRESS &c.
■«■!> ^P, 1 ' lB'|' ll'l'l I
IXIXNDS mnd COUNTRYMEN#
HAVING had your Appointment and
Inftru&ion, we have unde. the ar-
duous Tafk of preparing a civil Co, • i-
tution for the People of the Maflkchufetts Bajr ;
and we now fu bruit it to your candid Coon-
deration It is your Inter tft to revife it with
the greatest Care and Circumfpectioo, and it is
your undoubted Right , either to propofe fuch
Alterations and /Vaicnchiacnts as you (hall
judge proper, or, to give it your own San&ion
in its prelect Form, or, totally to rejed it.
hi framing a Constitution, to be adapted a$
far as pofliblc to the Circumftances of Pofterifcy
yet
[ 6 ] .
yet unborn, you will conceive it to be exceed-
ingly difficult; if not impracticable, to fucceed
in every part of it, to the full Satisfaction of all.
Could the whole Body of the People have Con-
ven’d for the fame Purpofe, there might have
been equal Reafon to conclude, that a perfect
Unanimity of Sentiments would have been an
Object not to be obtain'd. In a Bufinefs fo
imiverfally interefdng, we have endeavor'd to
act as became the Reprefentatives of a wife,
under {landing and free People; and, as we have
Reafon to believe you would your [elves have
done, u'e have open’d our Sentimdhts to each
other with Candor, and made inch mutual
Conceffions as we coifld confidently, and with-
out marring the only Plan, which in our
molt mature Judgment we can at piefent offer
to you.
T h ft Intereft of the Society is common to
all its Members, The great Enquiry is, where-
in this Common Intereft conftfts. In determin-
ing this Queftion, an Advantage may anfe from
a Variety of Sentiments offer’d to public Ex-
amination concerning it. But wife Men arc
not apt to be obftinately tenacious of their own
Opinions : They will always pay a due Re-
'• - jprd
t 7 ]
gard to thofe of other Men and keep their
minds open to Conviction. We conceive; that
in the prefent Inftance, by accommodating cur-
felves to each other, and individually yielding
particular and even favorite Opinions of fmaller
moment, to effential Principles, and Confidera-
tions of general Utility, the public Opinion of
the Plan now before you may be confolidated.
— But without fuch mutual Condefcention in
unimportant Matters, we may almoft venture
to predict, that we {hall not (oon, if ever, be
blefs’d with fuch a Conflitution as thofe are
intitled to, who have ftruggled hard for Free-
dom and Independence. You will permit us
on this Occafion, juft to hint to you our own
Apprehenfion, that there may be amongflus,
fouie Perfons difaffecVed to that gieat Caufe for
which we are contending, who may be fecretly
inftrufred by our common Enemy to di\:de and
diftrafl: us ; in hopes of preventing our Union
in any Form of Government whatever, and by
this Means of depriving us of the moft honorable
Teftimony, as well as the greateft Secutity of
our Freedom and Independence. — If there be
fuch Men, it is our Wifdom to mark them, and
guard ourfelves agaiuil their Defigns.
w*
t S ]
W s may not exped to agree in a perfect
SyRero oi^Government : This is not the Lot of
Mankind. The great End of Government, is,
to promote the Supreme Good of human Socie-
ty : Every fecial Affection fhonld therefore be
Jntereilied in the Forming of a Government and
ia judging of one when it is Formed. Would
it not be prudent for Individuals to caft out
of the Scale, fmaller Confiderations and fall
in with an evident Majority, unlcfs in Mat-
ters in which their Confciences (hall conftrain
them to determine otherwife ? Such a Sacrifice,
made for the lake of Union, would afford aftrong
Evidence of public AfFe&ion ; and Union,
ftrengthened by the focial Feeling, would pro-
mife a greater Stability to any Confutation,
and, is its operation, a greater Degree of Hap-
pinefs to the Society. It is here to be remem-
b/ed, that on the Expiration of Fifteen Years a
new Convention may fee held, in order that
fuch Amendments may be made in the Plan
you may now agree to, as Experience, that befl
Infirucror, (hall then point out to t>e expedient
or neceflary.
t
A GavF.RwwtiNT without Power to exert itfclf,
is at b^r.} but an ufde£ Piece of Machinery.,
It
[ 9 ]
\
It is probable, that for the want of Energy, it
would fpeedily lofe even the Appearance of Go-
vernment, and fink into Anarchy. Unlefs a
due Proportion of Weight is given to each of
the Powers of Government, there will f'oon b$
a Confufnn of the whole. An Overbearing g£
any one of its Parts on the reft, would deftroy
the Balance and accelerate ils Difiolution and
Ruin : And, a Power without any Reftraint is
Tyranny. The Powers of Government mutt
then be b danced i To do this accurately re-
quires the higheft Skill in political Architecture.
Thofe who are to be invefted with the Admini-
fixation, (hould have fuch Powers given to them,
as are requifite to render them ufcf'ul in their
rcfpefiive Places ; and fuch Checks (hould be ad-
ed to every Branch of Power as maybe fjfticicnt to
pr event its becoming formidable and injurious to
theComnlon wealth. If We have been fo fortunate
as tofucceed in this point of the greateft impor-
tance,ourHappinefs will be compleatjin the Prof-
peft of having laid a good Foundation for many
Generations. Ton are the Judges how far we have
fucceeded ; and whether we have raifed our-
Superftructure, agreeably to our profeE’d De-
fign
-
[ *0 )
jjgrs, upon the Principles of a Free Common
Wfalth.
In order to affift your Judgments, wc have
thought it neceflary, briefly to explain to you
the Grounds and Reafoas upon which we have
termed our^Pian. In the third article of the.
Declaration of Rights, we have, with as much
Prccifion as we were capable ct, provided for
the free exercife of the Rights of Gonfcenct . We
are very fenfible that our Cohftituents hold thofe
Rights infinitely mo e valuable than all others j
flxnd we flatter ourfelves, that while we have
* eonfidered Morality and the public Worfhip of
GOD,* as important to the happmefs of Society,
we have fufiiciently guarded the rights of Con-
fidence from every p*i5ble infringement. Thi.
Article underwent long debates, and took Time
in proportion to its importance ; and we fee
ourfeives peculiarly happy in being able to in-
form you, that though the debates were man-
a„ed by per tons' of various denominations, it
was finally agreed upon with much more Unam-
mty than ufually takes place in difqmfinons of
this Nature. We wiflr you to confider the Sub-
j«« .1* Cate, and A— ^
[ ■■ 3
would be an affront to the People of Maffu
chufetts Bay to labour to convince them, that
the Honor and Happinefi of a People depend
upon Morality ; and that the Public Worm ip
GOD has a tendency to inculcate the Principles
thereof, as weil as to prefer ve a People horn
farfaking Civilization, and iaUing into a flat#
Savage barbarity.
In the form now prefeated to you ? there are *
no more Departments of Government than sue
abfolutely necdTary for the free and full Ei sreife
of the Powers thereof. 7"he Houfe of Repre-
sentatives is intended as the Representative of '
the Perfons and the Senate, of the property of
the Common Wealth. Thefe arc to be annually
chofen, and to lit in feperate Bodies, each hav-
ing a Negative upon the Adis of other. This
Power of a Negative in each muff ever be ae-
ceffary ; for all Bodies of Men, afTembled upon
the fame occasion and united by tane common
Interetl of Rsgak, Honor, or Eflate, are liable,
like ta individual, to miftake bias and preju-
dice, Thefe two Houfcs are vefted with the
Powcr3 of Regulation,' and are to be chofcn by
the Male Inhabitants, who are Twenty one
Y ears
[ 12 ]
Years of age, and have a Freehold of the fro all
annual Income of Three Peundaor Sixty Founds
in any Edate. Your Delegates confidered that
Pc- lions who are Twenty one Years of age, and
have no Property, are either thofe who live
upon a part of a Paternal edate, expecting the
Fee thereof, who aro but jud entering Into bufl-
nefs, or thofe whofe Idlenefs af Lite and pro-
fligacy of manners will forever bar them from
acquiring and po {Telling Property. And we
will fubmit it to the former Ciafs, whether they
would no't think it fafer for them to have their
right of Voting for a Reprefentativc fufpended
for fmall fpace of Time, than forever hereafter
to have their Privileges liable to the control of
Men, who will pay lefs regard to the Rights of
Property becaufe they have nothing to loole.
The Power of Revifing, and dating objecti-
ons t<» any Bill or Refoive that fhall bepafled by
the two Hon es, we were of opinion ought to
be lodged in the hands of fome tn c perfon ; ’not
only toprefeive theLaws from being unfyftemati-
ca^ ;<! inaccurate .but that a due balance may be
pi dri ved in the dure capital powers of Go-
vernment. The Legiilative, the Judicial and
[ 1 3 ]
Executive Powers naturally exhift in every Go-
vernment : And the Hiftory of the rife and fail
of the1 Empires of the World affords us ample
proof, that when the fame Man or Body of Men
enacf, iiterpret and execute the Laws, property
becomes too precarious to be valuable, and a
People are finally borne down with the force of
corruption refulting from the Union of thofe
Powers. The Governor is emphatically the
Reprefentative of the whole People, being cho-
fen not by one Town or County, but by the
People at large. We have therefore thought it*
fafeft to reft this Power in his hands ; "and as the
Safety of the Common wealth requires, that there
fhould be one Commander in Chief over the Mili-
tia, we have given the Governor that Command
for the fame reafon, that we thought, him the only
proper perlon that could be trufted with the pow-
er of reviling the Bills and Refolves of the General
Aficmbly; but the Y eoplc may if they pieaie chooie
their own Officers.
You will obferve that we have refolved, that
Reprefentaiion ought to be founded on the' Princi-
ple of equality; but it cannot be underflood thereby
that each Town in the Commonwealth ihall have
Weight
[m3
j.
Weight and importance in a juft proper ticn to its
Numbers and property. An exaft Reprefentation
would be unpracticable even in a Syftem ofGovern-
ment arifing from the State of Nature, and much
more fo in a ftatc already divided into nearly three
huadred Corporations, But^we have agreed that
sach Town having One hundred and fifty Rateable
Poles fhall be entitled co fend one Member, and to
prevent an advantage arifing t© the greater Town!
by their numbers, have agreed that no Town fhaii
fend two tmlefs it hath three hundred and feventy
five Rateable Poles, and then the ftiil larger Towns
are to fend one Member for every two hundred
and twenty -five Rateable Polls over and above
Three hundred and feventy-five. This method of
calculation will give a more exact Reprefentation’
when applied to all the Towns in the State than
any that we could fix upon.
\
Wr have however digrefled from this Rule in
sdmiting the fmall Towns now incorporated to
fend Members. There are but a few of them
which will not from their continual incrcafe, ba
able to lend One upon the above plan in a very
little Time. And the few who will never proba-
bly have that number have been heretofore in the
exercif# of this privilege, and will now be very
Un willing to reiinquifh it. To
C 15 3
T& prevent the governor from abufing the
Power which is ncceilay to be put into Ids hands
we have provided that he fhall have a Council to
advife him at all rim as and upon all important Oc-
cafions, and he with the advice of his .Council is'
to have the Appointment of, Civil Officers.
This was very readily agreed to by your
your Delegates, and will undoubtedly be agreeable
to their Coahituents ; for it thofe Officers who
are to interpret and execute the Laws are to be
dependeat upon the Eledfion of the people it muft
forever keep them under the Confront of ambiti-
ous, artful and interefted men, who can obtain moft
Votes for them. — If they were to be Appointed by
the Two Houfes or either of them* the perions
appointing them would be too numerous to be ac«
countable for putting weak or wicked Men in-
to Office. Befidcs the Houfe is defigned as the
Grand Inqueft of the Common Wealth,and are to
impeach Officers for male Coadacl, the Senate are
to try the Merits of fuch impeachments; it would
be therefore unfit that they (hould have the Crea-
tion of thofe Officers which the one may impeach
and the other remove : but we conceive there}? the
1 . «
greatefl propriety in Veiling the Governor with
tin! Power, he being as we have before observed,
the
[ 16 ]
the compleat reprefentative of all the People, and at
ail Tiroes iiable to be impeached by the Hcufe be
lore the Senate for male Adminiftration* And
we would here obferve that all the Powers which
we have given the Governor are neceffary to be
lodged in the hands of one Man, at the Gene ral of
the Army and firfi Magiftrate^ and none can be en-
titled to it but he who has the Annual and United
Suffrages of the whole Common Wealth.
You will readily conceive it to be necefTary for
your own Safety, that your Judges ffiould hold
their Offices during good behaviour ; for Men who
hold their places upon fo precarious a Tenure as
annuat or other frequent Appointments will never
fo affiduoufly apply themfeives to ftudy as will be
Bcceffary to the filling their places with dig-
nity. Judges fhould at all Times feel themfeives
independent and free.
Your Delegates have further provided that the
Supreme Judicial Department, by fixed and ample
Salaries, may be enabled to devote themfeives whol-
ly to the Duties of their important Office. nd
for this reafon, as well as to keep this Department
federate Iro n the others in Government have ex-
cluded them from a Seat in the Legifkture ; and
when our L onftituents confidcr that the final De-
i v ficion
[ *7 3
oiffon oS their Lives and Property muft be bad i'a
this Court, wc conceive they will univerfally ap-
prove the nleafure. The Judges of Prob te and
thofe other officers whofc prefeacc is always nccal-
fary ill their refpccUve Counties! a*e alfo excluded.
We have attended to the inconven icbccs fug-
gefted to have ari fen from having but one Judge o t
Probate in each County ; but th<a erecting and al-
tering Courts of Juftice being a mere raattcr of
Legislation, wc have left it with your future Le-
giilaturc to make fuch Alterations as the Circtftn*
ftancc5 of the fcveral Counties may require.
YcuxfDelcgatcs did not conceive theinf elves to be
veiled with Power to fet up one Denomination of
Chriftians above another ; for Religion mud at all
Times be a nftattcr between GOD and individuals s
But we havem^vcrthelefe, found ourfelves obliged by
a Solemn Teft, to provide for the ex cl u bon of thofo
from Offices who will not difclaim thofc Principles
of Spiritual JurifdictloH which Rccn^nCathoH.cks in
fine CcvMfriss have held, and which are fubverfivc
of a free Government eflabiiflied by ihePeoplc- Wc
find it ncceflarji to continue the former Law?, and
* ! .4k of proceeding fo Cgyfh of Jdft?ce;pi4til a in*
€
tin a
[ I* ]
tare Legifhtnre Shall alter them : ForsunId$ this is
clone, the title to Eftatcs will become precarious,
Eavv-fuits will be multiplied, and univerfai Con*
fallen mutl take place. And Icafl the CcmmoiC
wealth for want of a due Adniiniftration of Civil
Juftice fhotild be involved in Anarchy, wc have
propofed to continue the prefent Magiflrates and
Officers unfcii new Appointments Iball take place.
Thui we have, with plained and hncerity, given
you the Reafons upon which we founded the prin-
oipal pyts of the Syftem laid before y op, which
appeared to us as mod neceirary to be explained :
And we do moil humbly befeech the Great Dif-
pofer of all Evcnts,that wc and our PoSerity may-
be edablifhcd hi and long enjoy the Bleffings of a
>veli- ordered arid free Government.
In the Name, and purfuant to a Refoluilon of the
Convent iC7i>
JAMES BOWDOIN, FrefidwC
*
Attiji-
SAMU2L BARRETT, Secretary.
. — < «v
I
•i
eONSTlTUTlO K
o B
FRAME of GOVERNMENT/
Agreed upon b j the Delegates of the People of the State q%
MASSACHUSETTSrBAf*
a
CONSTITUTION
• a.
FRAME or GOVERNMENT;
Agreed opoa by the D* tie at is of the People of the State ©§
MASSACBVIXTfS-BAYj
I N
convention; *
Begua and held at Cambridge on the Firftof September, 177$;
A N P
Continued by Adjournments to the Second of Matth% 17S©*
To be fubmitted to the Revifion of their Conftituents, in Order
to the compleatirig of the fame, in Conformity to theirAmend-
ments, at a Seffion to be held for that Furpofe, on the Fir ft
Wednesday in June next enfuing.
B 0 S T 0 N : State of Massacmusbtts Bat,
. fry Bjhjauh Edes & Seas, ia State-Street;
1 »aS6€,li£&*<
4
A Confutation or Form of Go-
vernment for the Common-
wealth of Massachusetts.
PREAMBLE.
TH E end of the inftitution, maintenance
and adminiftration of govern orient, is ts
fecure the cxiftcnce of the bodv-polkic ;
to protedt it and to furniQvthe indivi-
duals who compofc it, with the power of enjoying,
in fafety and tranquility, their natural rights, and
the bleffings of life : And whenever thefe great
objedfs are not obtained, the people have a right tp
alter the government, and to take meafures n'eceffa-
ry for their fafcty? profperity and happinefs.
The body-politic is formed by a voluntary aflo-
eiation of individuals ? It is a focial compadt, by
which the whole people covenants with each citi-
zen, and each citizen with the whole people, that
all fhall be governed by certain lav/s for the com-
mon good. It is the duty of the people, therefore,
in framing a Conftitution of Government, to pro-
vide for an equitable mode of making laws, as well
as for an impartial interpretation, and a faithful ex-
ecution of them ; that every man m ay, at all times,
i|/ in them. '
We, therefore, the people of Maffachufctts, ac-
knowledging, with grateful hearts, the goodnefs of
the Great Legiflator of the Univerfe, in affording
us, in the courfc of His providence, an opportunity,
deliberately and peaceably, without fraud, violence
or furprizc, of entering into an original, explicit,
and folcmn ccmpadt with each other ; and of for-
ming a new Conftitution of Civil Government, for
©urielves and poflerity j and devoutly imploring
His diredtion in fo interefting a defign, DO agree
upon, ordain and eftablifh, the following Declara-
tion of Rights, and Frame of Government , as the
CONSTiTUTIONoftheCOMMONWSALTH
of Massachusetts.
r 7 t
PART the First:
A DECLARATION of the RIGHTS
of the Inhabitants of the Common-
wealth of Massachusetts.
Art ♦ ALL men are born free and equal, and have
I. certain natural, eflential, and unalienable
rights ; among which may be reckoned the right
of enjoying and defending their lives and liberties;
that of acquiring, poffeffing, and protedling pro-
perty ; in fine, that of fecking and obtaining their
iafety and happinefs.
II. It is the right as well as the duty of all men
in fociety, publicly, and at ftated feafons, to wor-
£hip the SUPREME BEING, the great creator and
preferver of the univerfe. And no fubjed (hall be
hurt, molefted, or retrained, in hisperfon, liberty,
or eftate, for worfhiping GOD in the manner and
feafon agreeable to the didlates of his own
confcience ; or for his religious profefiion or fenti-
rnents ; provided he doth not difturb the public
peace, or obflrud: others in their religious worfhip.
III. As the happinefs of a people, and the good
order and prefervation of civil government, cflenti-
ally depend upon piety, religion and morality ; and
as thefc cannot be generally eiffufed through a com-
munity, but by the inftitution of the public wor-*
/hip of GOD, and of public inilrudlions in piety,
religion and morality : Therefore, to promote their
happinds* and to lecurc the good order and prefer-
vation of their government, the people of thisCom-
ihonvvcalth have a right to inveff their legiflature
~ with
t s i
with power to authorize and require, and the
giflafure (ball, time to time, authorize and re-
quire, the feysral towns, parilhcs, prccindb, and'
other '‘bodies politic, or religions focietics, to make
fuitable provificn, at their own expcnce, for the in-
fiitution of the public worfhip of GOD, and for
the fappoft and maintenance of public proteftant
teachers ot piety, religion and morality, in all cafes
where Inch pmvifton fhall not be made voluntarily.
Am> the people of thhComrncn wealth have alfo
a right to, and do, invefl: their legifhturc with au-
thority to enjoin .upon all the fubjefts an attendance \
upon the inllru6lion$ of the public teachers aforc-
faid* at flared. "me s and fcafons, if there be any on |
v/hofe inftrudlions they can cohfeienciouily and
conveniently attend. j
Provided notwithftanding^ that the feveraf
towns, parishes, precindls, and other bodies-politic, !
or religious focietics, (hall.,, at all times, have the
txd.qftyc right of electing their public teachers, and
of contracting with them for their fupport *and
maintenance.
And all monies paid by the fubjeft to the fup-
port of public >vbrfhip, and of the public teachers
aforefaid, (hall, if he require it, be uniformly ap-
plied -to the fupport of the public teacher or teach-
ers of his own religious fed! or denomination, pro-
vided there be any on whofe inftrudlions he attends j
other wife it may be paid towards the fupport of
the teacher or teachers of the pariih or prccinft in
which the faid monies are railed*
And every denomination of chriftian*, demean-
ing them fc Ives peaceably, and as good fubjedts of
the Commonwealth, (hall be equally under the pro-
tection I
t 9 I
;te£tion ofjhc Jaw : And do fubt.rdination of an?
one led or denomination to another ihail ever be
eftabliflied by law.
IV. Ths people of this Commonwealth have
the foie and exclufive right of governing thenafelves
as a free, fovereign, and independent date ; and do,
and forever hereafter (hail, exercife and enjoy every
power, jurifdiction, and right, which is not, or
may not hereafter, be by them exprefly delegated to
the United States of America, inCongrels affembled.
V. All power redding originally in the people,
and being derived from them, the feveral magi-
flrates and officers of government, veiled with au-
thority, whether legiflative, executive, or judicial,
are their fubftitutes and agents, and are at ail times
accountable to them.
VI. No; man, nor; corporation, or affectation of
men, have any other title to obtain advantages, or
particular and exclufive privileges, diiiinfifc from
thofe ol the community, than what arifes from the
confideration of fervices rendered to the public ;
and this title being in nature neither hereditary, nor
tranfmiffible to children, or dependents, or relations
by blood, the idea of a man born a oaagiftrate, law-
giver, or judge, is a blur d and unnatural.
VII. Government is in diluted for the com-
mon good for the protedUqn, lafety, profperity
and happlneis of the people ; and not for the pro-
fit, honor, or private inters# of any one man, fa-
mily, or clafs of men : Therefore the people alone
have an incoaieftibie, unalienable, and indefeafible
> right to inflitute government ; and to reform, alter,
lor totally change the fame, when their protediion*
fcrfety, profperity and happineis require it.
B VIII. In
[ 10 ]
ViJI. In order to prevent thofe, who are veftc4
with authority, from becoming oppreffors, the peo-
ple have a right, at fuch periods and in fuch man-
ner as they fhall eftablifh by their frame of govern*
ment, to caufe their public officers to return to pri-
vate life ; and to fill up vacant places by certain and
regular elections and appointments.
IX. All cleftions ought to be free ; and all the
inhabitants of this Commonwealth, having fuch'
qualifications as they ffiall eftabliffi by their frame
of government, have an equal right to cleft officers,
and tobeclefted, for public employments.
X. Each individual of the fociety has a right
to be protefted by it in the enjoyment of his life,
liberty and property, according to landing laws.
He is obliged, confcqucntly, to contribute his fhare
to the expence of this protection ; to give h s per-
foaal fcrvice, or an equivalent, when neceffary :
But no part of the property of any individual, can,
with juftice, be taken from him, or applied to pub-
lic ufes, without his own confent, or that of the
reprefentative body of the people : In fine, the peo-
ple of thisCommonwealth are not contreulable by a-
ny other la tvs, than thofe to which their conftitution-
al reprefentative body have given their confcnt. And
whenever the public exigencies require, that the pro-
perty of any individual ihould be appropriated to
public ufes, he ffiall receive a reafonable compenfa-
txon therefor.
XI. Every fubjeft of the Commonwealth ought
to find a certain remedy, by having rccourfc to the
laws, for all injuries or wrongs which he may re-
ceive in his perfon, property, or cbaraftcr. He
teught to obtain right and juflice freely, and with-
1
J
C 11
out being obliged to purchafe it ; tompleatly, and
without any denial ; promptly, and without delay ;
conformably to the laws.
XIL No fabje£t fhall beheld to anfwer for any
crime or offence, until the fame is fully and plainly,
fubftantially and formally* deferibed to him ; or be
compelled to accufe, or furniih evidence againft him-
felf. And every lubjcft (hall have ^ right to pro-
duce all proofs, that may be favourable to him ; to
meet the witneffes againft him face to face, and to
be fully heard in his defence by himfeif, or his coun-
cil, at his election. And no fubjeCt fliall b$ arreft-
ed, imprifoned, delpoiled, or deprived ot his pro-
perty, immunities, or privileges, put out of the pro-
tection of the law, exiled, or deprived of his life,
liberty, or eftate, but by the judgment of his peers,
ar the law of the land.
Anb the legifkturc (hall not make any law, that
fhall iubjeCt any perfon to a capital or infamous pu^
nifhment, excepting for the government of the army
and navy, without trial by jury.
XIII. In criminal profecutions, the verification,
of fads in the vicinity where they happen, is one of
the greateft f canities of the life, liberty, and pro-
perty of the citizen.
XiV. Every fubjed has a right to be fecure
fr#m all unreafonablc fearches, and fcizurti of his
perfon, his houfes, his papers, and all his pofieffions,
'All warrants, therefore* are contrary to this right,
if the caufe or foundation of them be not previoufiy
fupported by oath or affirmation ; and if the order
in the warrant to a civil officer, to make fearch in
fujpeded places, or to arreft one or more fufpected
perfons, ©r t© feizc their property, be sot accompa-
with a lpcckldcfig^tioa of the periods #r ob-
[ ** ]
jedfo of fearcb, arreft, or feizure : and no warrant
ought to be iflued but in cates, and with the forma-
lities, prescribed by the laws.
XV. In all controverfies concerning property,
and in all fuits b^' 1 cen two or more perfons, ex-
cept in cafes in which it has heretofore been other-
ways ufed and practiced, the parties have a right to
a trial by a jnrv ; and this method of procedure
fball be held facred, unlefs, in caufes arifmg on the
high- teas, and fuch as relate to mariners wage?,
the legislature ffiall hereafter find it neceffary to al-
ter it.
X V J. The liberty of the prefsis effential to the
fecurity of freedom in a date : it ought not, there-
fore, to be retrained in this Commonwealth.
XVI!. The people have a right to keep and to
bear arms for the common defence. And as in
lime of peace armies are dangerous to liberty, they
ought not to be maintained without the coifentbf
the legiflature 5 and the military power (hall always
be held in an exadt fubordinaticn to the civil autho-
rity, ana be governed by it.
XVJII. A frequent recurrence to the funda-
mental principles oi the confiitutidfi, and a confiant
adherence to thofe of piety, juftice, moderation,
temperance, hidufiry, and frugality, are abfolutcly
ryceffary to preferye the advantages of liberty, and
to maintain a free government : The people ought,
ccnfcquently, to have a particular attention to all
thofe principles, in the choice of their officers and
ieprefentatives : And they have a right to require
of their Iaw-givcn> and magiftrates, an exadt and
conftant obfervsnee of them, in the formation and
execution of the laws neceffary for the good adnft-
iftfl ration of the Commonwealth. fcV ^XIX.T&s
I l3 ]
XIX. The people have aright, in an orderly
and peaceable manner, to affemble to confult upon
the common good ; give inftru&ions to their repres-
entatives ; and to requeft of the legiflative body, by
the way of addreflfes, petitions, or rcmonftrances,
redrefs of the wrongs done them, and of the grie-
vances they fuffer.
XX. The power of /impending the laws, or the
execution of the laws, ought never to be exercifed
but by the legiflature, or by authority derived from
k, to exercifed in fuch particular cafes only as
the legiflature fhall exprefly provide for.
XXI. The freedom of deliberation, fpeech and
debate, in either houle of the legiflature, is fo eflfen-
tul to the rights of the people, that it cannot be
the foundation of any acc*fation or profecution, ac-
tion or complaint, in any other court ©r place what-
foever.
XXII. The legiflature ought frequently to al-
ienable for the redrefs of grievances, for correcting,
/Lengthening, and confirming the laws, and for ma-
king new laws, as the common good may require.
XXIII. Nofubfidy, charge, tax, im^ oft, or du-
ties, ought to be eftablifhed, fixed, laid, or levied,
under any pretext whatfoever, without the confent of
the people, or their repfefentatives in the legiflature.
XXIV. Laws made to punifh for aCtions don©
bef* e the cxiftenee of fuch laws, and which have
not been declared crimes by preceeding laws, are un-
juft, oppreflive, and inconfiftent with the funda-
mental principles of a free government.
XXV. No fubjcCt ought, in any cafe, or in any
to be declared guilty of treafon or felony by
the legiflature “r"
JXVL N®
I H J]
XXVI. No magrftrafe or court of law, fliall de-
mand ei^cetlive hail or furettes, impofe exccffive
hiaes, or inflict cruel or unulual paniffiments.
XXVll. I n time of peace no foldicr ought to be
quartered in any houfe without the confent of the
owner ; and in time of war fuch quarters ought not
to be made but by the civil magiftrate, in a manner
ordained by thfe legiflacurc; >
XXV HI. No perfon can in any cafe be fubjec- *
€ed to laW-martiah or to any penalties or pains, by
virtue of th&t laW> except thofc employed rn the ar-
my or navy, and except the militia in adtual lerviee,
feui by authority of the lcgiflature-.
XXIX. I-T is effential to the preservation of ths
yights of every individual, his life, liberty, property
and character, that there be an impartial interpre-
tation of the daws, Uhd adminiftration of juftice. It
is the right of every citizen to be tried by judges as
fret*, impartial and independent as the lot of huma-'
Siity will admit. It is therefore not only the befit
policy, but for the fecunty of the rights of the peo-
ple, and of every citizen, that the judges of the Su-
preme judicial court ffiould hold their offices as long
as they behave themfeives well ; and that they ffiould
have honorable fidanes afeertained and eftabliffied
by ftanding laws.
XXX, In \hc government of this Common-
wealth, the legiflative department (ha'll neve‘4!exer-
cile the executive and judicial powers, or either of
them : The executive ffiali never excrcifc the le-
g'dlative and judicial powers, or 'either of them: The
judicial ffiali never excrcifc the legiflative and ex-
ecutive powers, or either of them : to the end it
may be a government of laws and dot of men.
PART
[ ]
PART the Sec-ohxC
The Frame of Government.
TH E people inhabiting the territory formerly
called the Province of Maffachufetts- Bay, do
hereby folcmnly and mutually agree with each
other, to form themfelves into a free, foverei gn,
and independent body- politic or ftate, by the namo
of THE COMMONWEALTH OF MASSA-
CHUSETTS,
CHAPTER L
The Legiflative Power,
SECTION I*
The General Court.
Art. X. The department of legiflation {hall be
formed by two branches, a Senate and H$u[e of Re-
prefentatives : each of which fhall have a negative
on the other.
The legiflative body (ball affemble every year on
the laftWedncfday inMay, and at fuch other timea
•as they fhall judge ncccffary ; and (hall diflolvc and
be diffolvcd on the day next prccecding the faid laffc
Wcdnefday inMay ; and fhall be Ailed, The Ge-
neral Court ^/'Massachusetts,
II. N© bill or refolve of the Senate or Houfe of
Reprefentativesftiall become a law, and have force as
fach, until it fhall hay e been laid before the Cover*
mt
[ I* ]
nor for his cevifal : And if he, upon fucli revifiom/
approve thereof, he fhall fignify his approbation by
ligning the fame. But if he have any objection to*
the paffing of fuch bill or refolve, he fhall return
the fame, together with his objections thereto, in
Writing, to the Senate or Houfe ot Reprefentatives,
in which ioever the lame lhall have originated 3
who fhall enter the objections fent down by the j
Governor,, at large, on tilpir records, and proceed
to reconfider the faid bill or refolve : But if after
inch reconfide ration, two thirds of the faid Senate
or Houfe of Reprcfentatives, fhall, notwhhftandirig
the faid objections, agree to pafs the fame, it fhall, *
together with the objections, be fent to the other
branch of the legiflaturc, where it fhall alf© be re-
confidered, and if approved by two thirds of the
members prefent, it fhail have the force of a law :
But in ail fuch cafes, the votes of both houks fhall
be determined by yeas and nays ; and the names of
the pCrfons voting for, or againft, the faid bill or re- j
folve, fhall be entered upon the public records of
the Commonwealth.
And in order to prevent unncceffary delays, if ,1
any bill or refolve (hall not be returned by the Go- xj
vernor within five days after it fhall have been pre-
sented, the fame dull have the* force of a law.
III. The General Court fhall forever have full J
power and authority to ercCt and conftitute judica-
tories and courts of record, or other courts, to be j
held in the name of the Commonwealth, for the *
. hearing, trying, and determining of all manner of
crimes, offences, pleas, proceffes, plaiets, actions, j
matters, caufei and things, whatsoever, arifing or
|appcnjng within the Commonwealth, or between
or I
t
C 17 ]
or concerning pcrfons inhabiting, or refining^ tit
brought within the fame: whether the fame he
criminal or civil, or whether the faid crimes be ca-
pital or not capital, and whether the laid pleas be
real, perfonal, or mixt ; and for the awarding and
making oat of execution thereupon : To which
courts and judicatories are hereby given and gran-
ted full power and authority, from time to time, to
adminifter oathb or affirmations, for the better dif-
covery of truth in any matter in controverfy or de-
pending before them.
IV. And further, full power and authority arc
hereby given and granted to the faid General Court,
from time to time, to make, ordain, and eftablifh,
all manner of wholefome and reafon.able orders,
laws, ftatutes, and ordinances, directions and i n-
ftruCtions, either with penalties or without ; fo as
the fame be not repugnant or contrary to this Con-
Ilitution, as they (hall judge to be for the good and
welfare of this Commonwealth, and for ^•govern-
ment and ordering thereof, and of the fubjcCts cf
the fame, and for the neccfiary fupport and defence
of the government thereof ; and to name and fettle
annually, or provide by fixed laws, for the naming
and fettling all civil officers within the faid Com-
monwealth ; the election and confutation of whom
are not hereafter in this Form of Government other-
wife provided for ; and to fet forth the ftveral du-
I ties, powers and limits, of the feveral civil and mi-
litary officers of thi& Commonwealth, and the forms
of fuch oaths or affirmations as fhall be refpcCtively
ad mini ft red unto them for the execution cf their
fevcral offices and places, fo as the fame be not re-
pugnant or contrary to this Conftitutron 5 and to
C impof4v;
Smpofe and levy proportional and reafonable afTeff-
anents, rates, and taxes, upon all the inhabitants
of, and perfons refident, and eftates lying, with-
in the faid Commonwealth ; and alio to im-
pofe,and levy,rcafonablc duties and cxcifcs,upon any
produce, goodly wares, merchandize, and commo-
dities whatfoever, brought into, produced, manu-
fadtured, or being within the fame * to be ifTued
and difpofed of by warrant, under the hand of the
Governor of this Commonwealth for the time be-
ing, with the advice and confent of the Council,
for the public fervice, in the neceffary defence and |
fupport of the government of the faid Common-
wealth, and the protection and preiervation of the |
the fubjeCts thereof,according to fucb a&s at arc or «
fhall be in force within the fame*
And while the public charges of government*
or any part thereof, fhall be affeffed on polls and
eftates, in the manner that hat hitherto been praCU-
fed ; in order that fueh aflcffmenti may be made
with equality, there fhall be a valuation of eftates
within the Commonwealth taken anew once in
every ten years at the lead, and as much oitener as
the General Court fhall order.
CHAPTER L
SECTION IL
SENATE. j
Artf.np'HRRE fhall be annually eleClcd fey the
X freeholders and other inhabitants of this
Commoaw ealtb,, qualified as in this Conftitution it
provided^
[ J9 1
provided, forty perfons to beQoitnfcllors and Sena-
tors for the year ending their eledion ; to be chofcn
by the inhabitantsof thediftrids, into which thcCom-
monwealth may from time to time bt divided by
theGeneraiCourt for that purpofc : And thcGencral
Court, in afligning the numbers to be eleded by
the refpeftive diftrids, (hall govern themfclves by
the proportion of the public taxes paid by the faid
diftrids ; and timely make known to tht inhabi-
tants of the Commonwealth, the limits of each di-
ftrid, and the number of Councilors and Senators
to be chofen therein ; provided that the number of
fuch diftrids (hall be never lefs than thirteen ; and
that no diftrid be fo large as to entitle the fame to
choofe more than fix Senators,
And the fevcral counties in thisCommonwealth
fhall, until the General Court fhall determine it
neceffary to alter the faid diftrids, he diftrids for
the choice of Councilors andScnators, (except that
the counties of Duke’sCounty and Nantucket (hall
form one diftrid for that purpofe) and (hall cled
the following number forCounfcllor* and Senators,
Suffolk
Six
York
Two
Effcx
Six
Duke's County'
| On#
Middlefex
Five
and Nantucket^
Hampfhirc
Four
Worccfter
Five
Plymouth
Three
Cumberland
One
Barnftablc
One
Lincoln
On#
Briftol
Three
Berkftiire
Two
II. The Senate (hall be the firft branch of the
ltgiflaturc ; and the Senators (hall be chofcn in the
following manner, viz. There (hall be a meeting
on the firft Monday in April annually, forever, of
the inhabitants of each town in the feveral countie*
C z ~ ©f
C a? 3
of thisCommonweaith ; to be called by the Scle6i> '
then, and warned in due courfe of law, at leaf! fc- j
ven days before the fir ft Monday in April, for the
purpofe of dealing perfons to beSenators andCoun-
fellors : And at fuch meetings every male inhabitant
of twenty-one years cf age and upwards, having a
freehold eftate within the Commonwealth, of the
annual income of three pounds, or any eftate of the
value of fixty pounds, (hall have a right to give in
his vote for the Senators for the diftrid of which
he is an inhabitant. And to remove all doubts
concerning the meaning of the word “ inhabitant” j
in this confutation,, every perfon ill all beconficlered ,
an inhabitant, for the purpofe ofelecling and be- .1
•3ng eleiled into any office, or place within this !
State, in that town, diftrid or plantation, where he
clwelleth, cr haih his home.
The Selectmen ©f the Several towns fhall prefide
ftt fuch meetings impartially 5 and {ball receive the
vetoes of all the inhabitants of fuch towns prefent
rnd qualified to vote for Senators, and fhall fert and
count them in open town meeting, and in prefence
of the Town Clerk, w ho* (hall make a fair record,
in pretence of the- Select men, and in open town-
meeting*, of the- name of every perfon voted for,
and of the number of votes again ft his name ; and
a fair copy, of this record fhall be attefted by the Se-
1 eel men and the Town -Clerk, and fhall be fealed
up, direded to the Secretary of theCommonwealth
for the time being, with a fuperferiptien, expref- ■
ling the purport of the contents thereof, and deli-
vered by the Town- Clerk of fuch towns, to the
Sheriff of the county in which fuch town lies, thir-
dly days at icaft balers the la ft Wcdnefday in May -
• t 11 CrC TT:TT “ “ T:t annually j j
Wedncfday in May ; and the Sheriff of each coun-
ty (hall deliver all fuch certificates by him received
into the Secretary’s office feventeen days before the
Lid laftWednefday in May.
And the inhabitants of plantations unincorpo-
rated, qualified as this Ccnftitution provides, who
are or fhall be empowered and required to a fiefs
taxes upon themfclves toward the fupport of go-
vernment/ (hail have the fame privilege of voting
for Counfellors and Senators in the plantations
v/here they refide,as town inhabitants have in their
refpective towns ; and the plantation-meetings for
thatpurpofe fhall be held annually on the fame firffc
Monday in April, at fuch place in the plantations
refpedively, as the AfTeflors thereof fhall direct $
which AfTeflors dial 1 have like authority for notify-
ing the electors, colleding and returning the votes,
as the Selectmen and Town-Clerks have in their
feyeral towns, by this Confutation. And all other
perfons living in places unincorporated (qualified as
aforefaid) who (hall be affefled to the lupport of
government by the Affefiors of an adjacent town,
fhall have the privilege of giving in their votes for
Counfellors and Senators, in the town where they
fhall be afTefTed,and be notified of the place of meet-
ing by the Selectmen, of the town where they fhall
be afiefTed, for that purpofc accordingly.
III. And that there may be a due convention
of Senators on the laftWednefday in May annually,
the Governor, with five of theCounci!}for the timq "
being, fhall, as foon as may be, examine the re-
turned copies of fuch records 5 and fourteen days
C 23 ]
before the faid day he (hall iflue his fummons to
fuch perfons as (hall appear to be chofen by a ma-
jority of voters, to attend on that day,and take their
feats accordingly : Provided neverthelels, that for
the firft year the faid returned copies (hall be exa-
mined by the Prefident and five of the Council of
the former Conftitution of Government ; and the
faid Prefident (hall, in like manner, iflue his fum-
mons to the perfons foeledted, that they may take
their (cats as aforefaid.
IV. The Senate (hall be the final jud^e of the
cledions, returns and qualifications of tlieir own
members, as pointed out in the Confiitution ; and
fhall, on the faid lad Wednclday in May annually,
determine and declare who arc eledlcd by each di(-
tridt, to be Senators by a majority of votes : And
in cafe there (hall not appear to be the full number
of Senators returned elected by a majority of vote*
for any diftrift, the deficiency (hail be Supplied in
the following manner, viz. The members of the
Houfe of Reprcfentatives, and fuch Senators as lhall
be declared elected, (hall take the names of fuch per-
fons as (hall be found to have the higheft number of
votes in fuch diftrict, and not elected, amounting
to twice the number of Senators wanting, if there
be fo many voted for ; and out of thefe, fhal! elect
by ballot a number of Senators fufficient to fill up
the vacancies in fuch diftridt : And in this manner
all fuch vacancies (hall be filled up in every diftricl:
of the Commonwealth ; and in like manner all
vacancies in the Senate, arifing by death, removal
out of the State, or otherwise, fhall be fupplied
as (oon as may be, after fuch vacancies (hall hap-
pen,
j V, Pkovipi*
[ 23 ]
V. Provided ncvertbelefs, thatnoperfon (hill
be capable of being clewed as a Senator, who is not
feized in his own right of a freehold within this
Commonwealth, of the value of three hundred
pounds at lead, or pofleffed of perfonal eftate to the
value of fix hundred pounds at leaft, or of both to
the amount of the fume fum*and who has not been
an inhabitant of this Commonwealth for the fpace
of five years immediately preceeding his election*
and at the time of his election, be fhall be an inha-
bitant in the d iff ridl* for which he fhall be chofcn.
VI. The Senate (ball have power to adjourn
themfelves, provided fuch adjournments do not ex-
ceed two days at a time.
VII. The Senate fhall choofe its own P'refidcnt*
appoint its own officers,and determine its own rules
of proceedings.
VIIJ. The Senate fhall be a court with full au-
thority to hear and determine all impeachments
made by the Houfc of Reprefentatives, againft any
officer or officers of the Commonwealth, for mrf-
conduft and mal-adminiftration in their offices,
lhit previous to the trial of every impeachment, the
members of the Senate fhall rdpedtively be fworn*
truly and impartially to try and1 determine the
charge in queftion, according to evidence. Their
judgment* however, ftall not extend further than
to removal from office* and difqualification to hold
or enjoy any place of honour, truft, or profit* under
this Commonwealth But the party fo convi&ed*
fhall be neverthclefs, liable to indidtment, trial*
judgment* and punifhment, according to the laws
of the land.
IX. Not lefs than fixteen members of the Se«
nate fhall confhtute a quorum for doing bufinefs.
CHAP.
[ *4 1
CHAPTER I.
SECTION HE
Houfc of Rcprefentativ.es, *
Art THi^HERE fhall be in theLegifiature of this
JL Commonwealth^ reprefentation of the
people, annually ele&ed, and founded upon the
principle of equality.
II. And in order to provide for a reprefenta-
tion of the citizens of thisCommon wealth, founded
upon the principle of equality, every corporate town
Containing one hundred and fifty rateable polls;
may ele.d one Reprefentative : Every corporate
town,' containing three hundred and feventy-five
rateable polls, may eied two Reprefentatives t
Every corporate town, containing fix hundred rate-
able polls, may eled three Reprefentatives ; and
'proceeding in that manner, making two hundred
and twenty-five rateable polls the mean increafing
number for every additional Reprefentative.
Provided hevertheiefs/that each town now in-
corporated, not having one hundred and fifty rate-
able polls, may ele6if one reprefentative : but no
place flu all hereafter be incorporated with the pri-
vilege of eleef ing a Reprefentative; unlcfs there arc
within the fame one hundred.and fifty rateable polls.
And the Houfc of Reprefentatives fihall have
power from time to time to impofe fines upon fuch
towns as (half neglcft to choole.and .return mem-'
bers to the fame, /agreeably to this Conftitution;
" ' r This
[ ]
The expences of travelling, to the Geneva! Af~
ftmbly, and returning home, once in every leffibn,
a d no more, (hail' be paid by the government, ouc
of the public treafury, to every member who ilia It
attend as deafonably as he can, in the judgment of
the Houfe* and does hot depart without leave.
Ill* Every member of the Houfe' of Reprefen-
tatives (hall' be chofen by written votes ; and fop
one year at leaft next preceding his defHon, flialjt
have been an inhabitan t of, and have been feizedia
his own right of a freehold of the value of one hun-
dred pounds within the town he fhall be chof: a
to reprefent, or any rateable cflate to the value
of two hundred pounds ; and he fhall ceafe to*
reprefent the fa id town immediately on his eeaflng;
to be qualified as aforefaid*
IV* Every male perfon, being twenty* one
years of age, and refident in any particular town iri
this Commonwealth for the fpace of one year next
preceedi rig, having a freehold eftate within the fame
town, of the annual income ot three pounds, or any
eftate of the value of fixty pounds, (hall have a right:
to vote in the choice of a Reprefeutative orRcprs-
kntatives for the laid town.
V. The members of the Houfe cf Reprefcnt&rf
tives (hall be chofen annually in the month of May*
ten days at leaft before the laft Wcdnefd&y cf thae
month.
VI. The Houfe of Representatives (hall be th6
Grand Inqueft of this Common wealth j and all
impeachments made by them, (hall be heard and
tried by the Senate.
VII. .All money-bills fhall originate in the
Houfe of Representatives 5 but the Senate may pro*
D pgfa
[ ]
tsofe or eoncur with amendments, as en other
Bills.
VIII. The Houfe of Reprefentatives {hall have
power to adjourn thetrifeives ; provided fuch ad-
journment (hail not exceed two days at a time.
IX. Not lei's than fixty members of the Houfe
of Reprefentatives, (hail conltitute a quorum for
doing bufinefs.
X. The Honfe of Reprefentatives (hall be the
judge of the returns, cleftions, and qualifications of
its own members, as pointed out in the conflitu-
tion ; fhall chufe their own Speaker ; appoint their
own officers, and fettle the rules and orders of pro-
ceeding in their own houfe : They fhall have au-
thority to punifh by impi ifonment, every perlon,.
Bot a member, who fhall be guilty of difrefpedt
to the Houfe, bv any -diforderly,. or contemptuous
behaviour, in its prefence ; or who, in the town,
where the General Court is fitting, and during the
time of its fitting, fhall threaten barm to the body
or eftate of any of its members, for any thing laid
or don* in the Houle or who lhali aflault any
of them therefor ; or who lhali aflault, or arreft,.
any witnefs, or othtr perfon, ordered to attend the
Houfe, in his way in going, or returning.; or who
fhall refeue any pcrlon arrefted by the order of the
Houle. . v
A no member of the Houfe of Reprefenta-
tives lhali be arrefted, or held to bail on mean pro-
ofs, during his going unto, returning from, or
his attending, the General AiTembly.
XL The Senate fhall have the feme powers in
the like cafes ; and the Governor and Council mall
hsiy* the fame authority to punifli ia like cpales.
Provided.
i
■
4
I 27 i
Provided that no imprifanment on tT.*
order of the Governor, Council, Senate, or Houle
of Reprefcntatives, for cither of the above-defcribcd
offences, be for a term exceeding thirty days.
And the Senate and Houle of Reprefentatives
may try, and determine, all cafes where their rights
and privileges are concerned, and which, by the
Conflitution, they have authority to try and deter-
mine, by committees of their own members, or ia
fuch other way as they may relpe&iveiy think beft.
C H A P T E R II.
Executive Power.
( . .i
SECTION I. |
G OVERNO R„.
j<-7 0 \»\ V- ’
Art.rT~AHERE (hall beafupreme executive Ma-
I. -giftrate, whofhall be Oiled, THE GO-
VERNOR OF THE COMMONWEALTH
OF MASSACHUSETTS ; and whofe title fhaii
be— HIS EXCELLENCY.
II. The Governor fhall be chofen annually :
And no perfon (hall be eligible to thisofdce, unlefs
at the time of his election, he fhall have been an
inhabitant of this Commonwealth fdr feven years
next preceeding ; and unlefs he fhall, at the fam«
time, be lei zed in his own right, of a freehold with-
in the Commonwealth, of the value of one thoufand
pounds1; and unlefs he fhall declare himfelf to be
of the chriffian religion.
D %
ill. Tjnosf
1
J
[
, III. Those perfons \yhp dial! be qualified to
vote for Senators and Representatives within the
feveral towns of this Commonwealth, fhall, at a
meeting to be called for that purpofe, on the firft
Monday of April annually, give in their votes for
a. Governor, to the 5ele£lmen, who (hall prefide at
inch meetings ; and the Town-Clerk, in the pre-
tence and with the afiiftarice of the Selectmen,
♦ball, in open town-meeting, fort and count the
votes, and form a lift of the perfons voted for,
w ith the number of votefc for each perfon again ft
his name ; and (hall make a fair record of the fame
in the town books, and a public declaration there-
of in the laid meeting ; and dial!, in the prefence
of the inhabitants, feal up copies of the laid lift, at-
tefted by him and the Selectmen, and tranfmit the
fame to the Sheriff of the county, thirty days at
leaft before the laft Wcdnclday in May ; and the
Sheriff (hall tranfmit the fame to the Secretary's
office feventecn days at leaft before the faid laft
Wednesday in May ; or the Selectmen may cauls
returns of the fame to be made to the office of t Ire
Secretary of the Commonwealth Cventeen days at
leaft before the laid day ; and the Secretary (hall
lay the fame before ! the Senate and the Houle of
Reprdericativ.es,' on the laft Wednefday in May, to
be by them examined : And in cafe of an eledtioft
by a majority of ail the votes returned, the choice
final! be by diem declared and publiffied : But if
no’ priori (ball have a majority of votes, the Houle
of R core fen tatives (hall, by ballot, ele£t two out of
lour perfons who had thehigheft numbers of votes,
if fo many (hall have been voted for 5 but, if other-
wife, out of the number voted for j and make re-
>v .. , - -• turn
[ 3
turn to the Senate of the two perfons fb eledted $ on
which, the Senate (hall proceed, by ballot, to «lcdfc
one, who {hall be declared Governor.
IV. The Governor (hall have authority, from
time to t'me, at his diferetion, to affemble and call
together the Counfellors of this Commonwealth
for the time being ; and the Governor, with the
faid Councilors, or five of them at lead, {hall, and
may, from time to time, hold and keep a Coun-
cil, for the ordering and diredting the affairs of the
Commonwealth, agreeably to the Conftitution and
the laws of the land.
V. The Governor, with advice cf Council, {hall
have full power and authority, during the feffion of
the General Court, to adjourn or prorogue the
fame to any time the two Houfes {hall defire ; and
todiffolve the fame on the day next prcceeding the
hft Wednefday in May ; and)fin the recefsof the
faid court, t© proro gue the fame from time to time,
not exceeding ninety days in any one reeds ; and to
call it- together fooner than the time to which it
may be adjourned or prorogued, if the welfare of
the Commonwealth {ball require the fame : And
in cafe of any infedious difiemper prevailing in the
place where the faid court is next at any time to
convene, or any other caufe happening whereby dan-
ger may ariie to the health or lives of the members
from their attendance, he may diredt the feffion to
be held at fome other the mod convenient place
within the State.
And the Governor {hall diffolvethe faidGeneral
Court on the day next preceeding the lali Wednef-
«Uy in May.
VI* In cafes ©f disagreement between the two
~ r Houfes,
[ 5° 1
Ilcufes, with regard to the neceffit , , —
pr time of adjournment, or prorogation, the Go-
vernor, with advice of the Council, fhall have a
right to adjourn or prorogue the General Court,
not exceeding ninety days, as he (hall determine the
public good fhall require.
Vi 1. Thr Governor of this Commonwealth for
the time being, fhall be the commander in chief
of the army and navy, and of all the military forces
of the State, by fea and land ; and (ball have full
power by himfclf, or by any commander, or other
officer or officers, from time to time, to train, in-
itrudl, exercife and govern the militia and navy •
&nd, for the fpecial defence and fafety of the Com-
monwealth, to affiemble ip martial array, and put in
warlike poflure, the inhabitants thereof, and to
lead and conduct them, and with them, to encoun-
ter, repel, refill, expel and purfue, by force of arms,
as well by fea as by land, within or without the li-
mits of this Commonwealth, and alfo to kill, flay
and defircy, if neccflary,and conquer, by all fitting
ways, enterprizes and means wbatfoeve'-, all and
every fuch perfon and perfons as fhall, at any time
hereafter, in a hoftiie manner attempt or enterprize
the deflrudfion, irvafton, dctrimcnqor annoyance of
thisCommonweakh ; and to ufe and exercife, over
the army and navy, and over the militia in actual
fervicc, the law -martial, in time of war or invafv
on, and alfo in time of rebellion, declared by the
legiflature to exift, as occafion fhall neccffarily re-
quire ; and to take and furprize by all ways and
means whatfoever, all and every luck perfon or per-
sons, with their (hips, arms, ammunition and other
gqeris, as fliall, in a hofliie manner, invade, or at-
tempt
*
[ 3 1 3.
tempt trie invading, conquering, or annoying this
Commonwealth ; and that theGovernor be intrud-
ed with all thele and ether powers, incident to the
offices of Captain -General andCommander in Chief,
and. Admiral, to be exercifed agreeably to the rules
and regulations of the Confutation, and the laws of
the land, and not otherwife.
Provided, that the faid Governor (hall not, as
any time hereafter, by virtue of any power by this
Gonftitution granted, or hereafter to be granted te>
him by the legillature, tranfport any of the inhabi-
tants of this Commonwealth, or oblige them to
march out of the limits of the fame, without then-
free and voluntary confent, or the content of the
General Court ; except fo far as may be neccfiary
lo march or tranfport them by land or water?for the
defence of, fuch part of the State, to which they
cannot otherwife conveniently have accefs.
VIII. The power of pardoning offences, except
fuch as pcrfpns may be convi&ed of before the Se-
nate by an impeachment of the Houfc, (hall be 'm
the Governor, by and with the advice of Council :
Bu t no charier of pardon, granted by the Governor,
with advice of theCouneil, before conviflion, fhali
avail the party pleading the fymer notwithfUnding
any general or particular expreffions contained
therein, deferiptive of the offence., ©r offences in-
tended to be pardoned.
IX. All judicial officers* the A ttorney-Genera?a
the Solicitor-General, all Sheriff, Coroners, and
Registers of Probate, fhali be nominated and ap-
pointed by the Governor, by and With the advice
and confent of the Council ; and every fuch nomi-
nation fhali be made by the Governor, and mads
WA- ieven days prior to fuch appointment.
' X. Thb
X. The Captains snd fubaltcrns of the militia/
ihall be eledcd by the wfitten votes of the train-
band and alarm lilt of their reffiedfive companies, of
twenty-one years of age and Upwards : The field-
officers of regiments, ffiall be eledcd by the writ-
ten votes of the Captains and fnbalterns of their re-
fpedive regiments : The Brigadiers ffiall be deeded
in like manner, by the field-officers of their refpec-
tivc brigades : And fuch officers, fo eleded, ffiall
be commiffioned by the Governor, who ffiall de-
termine their rank.
The Legiflature {hall, by (landing laws, direft
the time and* manner of convening the eledors,
and of colled injj votes* and of certify ing to the Go*
vernor the officers eleded.
The Major-Generals ffiall be appointed by the?
Senate aad Houfe of Reprefeniatives, each having
a negative upon the other y and be commiffioned
by the Governor.
And if the cledors of Brigadiers, fidd-officers*
Captains ox ffibalterns, ffiall negled: or 4refufe to
make fuch e led ions, after being duly notified, ac-
cording to the laws for the time being, then the
Governor, with advice of Council, ffiall appoint
fuitable perfons to fill fuch offices.
And no officer, daly eommiffioned to Command
in' the militia, ffialfbe removed from his office, but
by the add refs of both houfes t© the Governor, or
by fair trial in court martial, purfuant to the laws
of the Commonwealth for the time being.
Th e commanding officers of regiments ffiall ap-
point their Adjutaats and Quarter-matters 5 the Bri-
gadiers their Brigade-Majors $ and the Major-Ge-
nerals their Aids ; and the Governor ffiall appoint
the' Adjutant-General, * Ths
r 33 i
* * fj
The Governor, with advice of Connell, ftiall.
appoint alt officer^ o-f the continental armv, whorh
by the confederation of the United States it n pro-
vided th>t thi? Commonwealth -(ball appoint,- — is
■'alfoitll officers of forts and garrifons.
The di v'i&ons of the militia into brigades regi-
ments and compahics, made in' purfuancc of the
militia laws now in force, fliall t>c con fide red as
the proper dfvlfiops of the militia of this Common-
wealth, untii the fame (hall be altered in purfuand®
of feme future law,
Xfe Nbfiioflieifhall be ifiacd'out of thetreafury
of this Commonwealth, and difpofed of (except
fuch-fums as may be appropriated for the redemp-
tion of bills of credit or Trcafurer's notes, or for
the payment of intcreft arifing thereon) but by
warrant under the hand of the Governor for the
time being, with the advice and confent of the
Council* for the ncceflary defenfc® and fapport of
' the Commonwealth ; and for the protedi©n and
preservation of the inhabitants thereof, agreeably to
the ads and refolves ©f the General Court,
XII. All public boards, the Com mifl^ry -Gene-
ral, all fuperintending officers of public magazines
and (lores, belonging to this Commonwealth, and
all commanding officers of forts and garrifoss with-
in the fame, fhali once in every three months offi-
cially and without requisition, and at other times.,
when required by the Governor, deliver to him an
account of all goods, (lores, provilions, ammuni-
tion, cannon with their appendages, and (mail arms
with their accoutrements, and of all other public
property whatever under their carc~»dpedivdy .
U ^idinguiffiing
[ 34 1
" "77 ■ v ' . - i
fihlinguifoing the quantity, number, quality an d
kind of each, as particularly as may bi \ together
with the condition ot fuch forts and. garrifons :
And the faid commanding officer fhajl exhibit to
the Governor, when require;! by him, true and ex-
aft plans of fuch forts, and of the land and fea or
harbour or harbours adjacent.. v
And the faid boards, and all public officers* fhall
communicate to the Governor, as foon as may be
after receiving the farrrs, all letters, difpatchcs, and
intelligences of a public nature, which fhall be di-
rected to them refpedivcly.
XII i. As the public good requires that the. Go-
vernor fhould not be under the undue influence of
*any of the members of the General Court,. by a
dependance on them for big fupport — that he fhould
in all caies, ad with freedom for the benefit of the J
public — that he** fhould not have his attention nc-
ccffariiy diverted from that objed to bis private con-
cerns-— & that he fhould maintain the dignity of the
Commonwealth in the character of its chief magi-
Urate— iris neceflary that he fhould ha, ve^n honora-
ble flared fa!ary,of a fixed & permanent value, amply
iufficienr for thofe purpofss,& eflablifoed by Hand- j
ing laws ‘ And it fhall be among the firfi ads of the
GeneralCourt, after the commencement of thisCon-
flitution,to eftablifh fuch falary bylaw accordingly.
Permanent and honorable falaries fhall alfo be
efiablifhed by law for the Juftices of the fupreme
judicial court.
And if it fhall be found, that any of the falaries
aforefaid, fo eflablifned/are infufficient, they fhall,
from time to time, be enlarged as the General
Court fhall judge proper.
CHAP.
II.
[ 35 ]
CHAPTER
v
SECTION IL
Lieutenant-Governor.
Art.^E MIERE (hall be annually elefled a Lieu*
I. J_ tenant-Governor of the Commonwealth
of Maflachufetts, whofe title fha.ll be HIS HONOR
— and who (hall be qualified, in point of religion,
property, and refidence in the Commonwealth, in
the (ame manner with the Governor : And the day
• and manner of his cle&ion, and the qualifications
of the electors, (hall be the fame as are required in
the ele&ion of a Governor. The return of the
votes for this officer, and the declaration of his elec*
tion, (hall be in the fame manner : And if no one
perfon dial! be found to have a majority of: all th«
votes returned, the vacancy (hall be tilled by the Se**
nate and Houfe of Reprefentatives, in the (ame
manner as thcGovernor is to be elefted,inca(e noons
perfon (hall have a majority of the votes of the peo-
ple to be Governor.
II. The Governor, and in his abfence the Lieu-
tenant-Governor, (hall be Prefident of the Council,
but (hail have no vote in Council ; And the Lieu-
tenant-Governor (hall always be a member of the
Council, except when the chair of the Governor
(hall be vacant.
III. Whenever the chair of the Governor (hall
be vacant, by reafon of his death, or abfcnce from
the Commonwealth, or otherwife, the Lieutenant-
Governor, for the time being, (hall, dining fuch
E 2 vacancy*
V. *
■ -i -
4' ' ' ■ «
C 3
vacancy, perform al! the duties incumbent upon
the Governor, and .fliaif have at)d exercise all the
powers and authorities, which by this Cenftitutio$
Governor is •verted with, when perfcnally pre-
(cut.
C IKA PTER II.
S E C T I O N III.
Council, and the Manner of fettling
Elections by the Legiflaturc.
Art. T^HERE Cm\\ be a Council for advifing the
I. Jf Governor in the executive part of go-
vernment, to coniift of nine perfons befides the
Lieutenant-Governor, whom the Governor, for the
time being, (hall have full power and authority,
irom time to time, at his difcrction, to affcmblc and
call together. And the Governor, with the faid
Counfeliors, or five of them at leaft, dial! and may,
from time to time, hold and keep a Council, for
the ordering and directing the affairs of the Com-
monwealth, according to the laws of the land.
li. Nine Coanfellcrs £ball be annually chofen
from among the perfons returned for Couafellors
and Senators, en the laft Wedncfday in May, by th«
joint ballot of the Senators and Rcprefematives af-
iembled in one room : And in cafe there fhall not
be found upon the firrt choice, the whole number
of nine perions who will accept a feat in the CounV
fcH* the deficiency (hail be made up by the ele&ors
• aforefcid
i
J
£i&r<sfaul from among the people at large ; and the
number of Senators left (hall conftitutc the Senate
for the year. The feats of the perlons thus elected
from the Senate, and accepting the truft, (hall be
vacated in the Senate.
III. Thu Counfellors, in the civil arrangements
of the Commonwealth, lhall have rank: next after
the Lieutenant-Governor.
IV. Not more than 'two Counfellors Lhall be
chofen out of any one diftrict of this Common-
wealth.
V. The refolutions and advice of the Council
fhaU be recorded in a regiller, and ligned by the
members prelent ; and this record may be called
for at any time by either Houfe of the legiflature ;
and any member of the Council may inlert his opi-
nion contrary tp the refolution of the majority.^
VI. Whenever the office of the Governor
and Lieutenant-Governor (hall be vacant, by reafoa
pt death, abfence, or otherwife, then the Council
or the major part of them, lhall, during fuch vacan-
cy, have full power and authority, to do, and exe-
cute, all and every fuch acts, matters and things, as
|he Governor or the Lieutenant-Governor might ©r
could, by virtue of thisConftitution, door execute,
if they, or either of them, were pcrfonally prelent.
VIJ. And whereas the elections appointed to be
made by this Confritution, on the laft Wednclday
in May annually, by the two Houles of the legiik-
ture, naay not be compieaied oa that day, the faid
elections may be adjourned from day to day until
the lame fhail be esmpleated. And the order of
elections fhail be as follows ; the vacancies ux thcSe-
*• ■> ' - — _J. -w . . f, — - — ► * - ~ •
L 38 ]
uate, if any, fhall firfl be filled up ; the Governor
and Lieutenant-Governor fhall then- be cleded,
provided there fhould be no choice of them by the
people : And afterwards the two Houfcs fhall pro-
ceed to the eledion of . the Council.
CHAPTER II.
S E C TIG N IV.
Secretary, Treafurcr, CcmmifTary, &c;
At ' ^ " ‘ ' ' 1
Rotaries -Public, arid Naval- Officers, (hail be chofen
annually, by joint ballot of the Senators and Repre-
fenta ives in one room. And that the citizens of
this Commonwealth may be affured, from time to
time, that the monies remaining in the public Trea-
sury, upon the fettlement and liquidation of the
public accounts, are their property, no man (hail be
eligible as Treafurcr and Receiver-General more
than five years' fucceffively.
JJL The records ofth$ Commonwealth fhall be
kept in the office of theSecretary, who may appoint
his Deputies, tor whole coridudt he (hall be account-
able, and he fhall attend the Governor andCouncil,
the Senate and Houle of Representative', in perfon,
or by his deputies, as they fliall refpedlively re-
quire.
CHAPTER
[ 39 3
CHAP TER Illi
’ • -nj ' 4 r * 1
Judiciary Power. _
Art!/ jpHE tenure, that all comn&ffion officers
fhall by law have fa their offices, (half
be exprefled in their1 refpe&iv% commiffions/ Ml
judicial officers, duely appointed, cofaniiffioned and
IwoiD^ ffiall hold their offices during good behavior,
excepting fuch concerning, whom there is different
provifien made in this Conflitution : ‘Provided ne~
verthelefs, the Governor, with content of the Coun-
cil, may remove .them upon the addrefs of both
Houfes of the Legiflature.
II. Each branch pf the Legiflature, as well as
the Governor arid Council,. fhall have authority to
require the opinions of the juft ices of the fuprejne
judicial court, upon important queftjons of law,
and upon folemn octpgfio ns>
III. In order that the people may not fuffer
from the long continuance in placs of any Jufticc
of the Peace, who' .(hall fail of diicharging the im-
. portent duties of his office with ability or fidelity,
all cbmmiflions of Juftices of the Peace fhall expire
and become void, in the term of feven years from
their refpedive dates ; and upon the expiration of
any commiflion, the fame may, if needikry, be re-
newed, or another perfon appointed, as (hail moil
conduce to the well-being of the Common-
V/catlh,
IV. The Judges of Probate of Wills, and for
granting letters of adminiftration, fhall hold their
courts at fuch place or places, on fixed days, as the
convenience of the people fhall require. And the
Legiflature
ments, the faid courts (hall be holden at the times
and places which the refpeftive Judges fhali direct.
V. A tL caules of marriage divorce .and alimo-
ny, and all appeals from the Judges of Probate
fhali be heard and determined by the Governor
and Council until the LegifUturc fhai!, by law,
make other provifion.
CHAPTER IV.
Delegates to Congrefs.
HE delegates of this Commonwealth to the
Congrefs of the United States, fhali, fome-
time in the month of June annually, be elefted by
the joint ballot of the Senate and Houfe of Re-
presentatives, affcmbled together in one room -7 to
ierve in Congrefs for one year, to commence cn the
firft Monday in November then next enfuing. They
fhali have commillions under the hand of the Go-
vernor, and the great feal of the Commonwealth $
but may be recalled at any time within the
year, and others chofen and commiffioned, m
the fame manner, in their fiead.
i
CHAPTER
[ 4i 1
chapter V.
The University at Cambridge, and En-
couragement of Literature, &c.
S E G T I O N I.
The Univerfity.
Art.TT 7HEREAS our wife and pious ancefiors,
I. VV fo early as the year one thoufand
hundred and thirty-fix, kid the foundation of Har-
vard-College, in which univerfity many perfons of
great eminence have, by the bleffing of GOD, been
initiated in thofe arts and fciences, which qualified
them for public employments, both in Church and
State : And whereas the encouragement of art*
and fciences, and all good literature, tends to thai
honor of GOD, the advantage of the chriftian re-
ligion, and thp great benefit of this and the othe^
United States of America — It is declared. That the
PRESIDENT and FELLOWS of HARVARD-;
COLLEGE, in their corporate capacity, and theiq
fucceflbrs in that capacity, their officers and fer—j
vants, fliall have, hold, ufe, exercife and enjoy, all
the powers, authorities, rights, liberties, privileges^
immunities and franchife?, which they now have,
or arc entitled to have, hold, ufe, exercife and en-
joy : And the fame are hereby ratified and confir-
med unto them, the laid Prefident and Fellows of
Harvard- College, and to their fucceflbrs, and to
their officers and fervants, refpe&ivelyj forever.
F II. An»
• -jt __ .ac +/
[ 42 J
II. And whereas there have been at fundry*
times, by divers perfons, gifts, grants, devifes of
houfes, lands, tenements, goods, chatties, legacies
and conveyances, heretofore made, either to Har-
vard-College in Cambridge, in New-England, or
to the Prefident and Fellows of Harvard- College,
or to the faid College, by fome other defeription,.
under fcveral charters fucceffivelv : IT IS DE-
CLARED, That all the faid gifts, grants, devifes,
legacies and conveyances, are hereby forever con-
firmed unto the Prefident and Fellows of Harvard-
College, and to their fuceeflors, im the capacity
aforefaid, according to the true intent and meaning
of the donor or donors, grantor or grantors, devifor
©r devifors.
III. And whereas by an aft of the General Court
of the Colony of Mafiachufetts-Bay, paffed in the
year one thoufand fix hundred and forty-two, the
Governor and Deputy-Governor* for the time be-
ing, and all the magiftrates of that jurifdiftion, were,
with the Prefident* and a number of the clergy in
the faid aft deferibed, confiitutcd the Overfeers of
harvard- College : And it being neceflary, in this
new Cohftitution of Government, to afeertain who
fihall be deemed fucceflbrs to the faid Governor,
Deputy-Governor and Magiflrates : IT IS DE-
CLARED, That the Governor, Lieutenant-Go-
vernor, Council and Senate of this Commonwealth,
arc, and fihall be deemed, their fucceflbrs ; wh#,
with the Prefident of Harvard-College, for the
time being, together with the miniflers of the con-
gregational churches in the towns of Cambridge,
Watertown, Cfearleftown, Bofton, Roxbury, and
< * — 1 Dorchefle^
[ 41 3
Dorchefter, mentioned in the faid fhall be, and
hereby are, veiled with all the powers and autho-
rity belonging, or in any way appertaining to the
Overfeers of Harvard-College ; provided, that
nothing herein fhall be conifrued to prevent the
Legiflature of this Commonwealth from making
fuch alterations in the government of the faid uni-
verfity., as (hall be conducive to its advantage, and
the iaterefl: of the republic of letters, in as full &
manner as might have been done by the Legifla-
ture of the late Province of the Maflachufetts-Bay,
CHAPTER V.
SECTION JL
The Encouragement of Literature, &c.
WISDOM, and knowledge, as well as virtue,
diffufed generally among the body of th?
people, being neceffary for the prefervation of thei*
rights and liberties and as thefe depend on fpread-
ing the opportunities and advantages of education
in the various parrs of the country, and am®ng th$
different orders of the people, it flball be the duty
of legiflators and magiftrates, in all fature periods
of this Commonwealth, to cherifh the interefts of
literature and the fciences, and all feminaries of
them ; efpecially the univerfity at Cambridge, pub-
lic fchools, and grammar fchools in the towns ;
to encourage private focieties and public infrituti-
ens, reward? and immunities, for the promotion of
E 2 agriculture.
C 44 1
agriculture, arts, fciences, commerce, trades, ma-
nufactures, and a natural hiftory of the country,; to
countenance and inculcate the principles of huma-
nity and general benevolence, public and private
charity, induftry and frugality, honefty and punctu-
ality in their dealings ; fincerity, good humour, and
all focial affedions, and generous fentiments among
the people.
CHAPTER VI.
Oaths and Subfcriptions ; Incompatibili-
ty of and Exclufion from Offices ; Pe-
cuniary Qualifications ; Commiffions ;
Writa ; Confirmation of Laws ; Ha-
beas Corpus ; The Enabling Stile ;
Continuance of Officers ; Provifion for
a future Rcvifal of the Conflitution,
&c.
Art, A NY perfon chofen Governor, Lieutenant-
I. _f\ Governor, Counfellor, Senator, or Re-
prefentativc, and accepting the truft, fhall, before
he proceed to execute the duties of his place or of-
fice, make and lubferibe the following declaration,
viz. —
“ I, A. B. do declare, that I believe the ebriftian
religion, and have a firm perfuafion of its truth ;
and that I am feized and pofleffed,in my own right,
of the property required by the Conflitution as one
qualification for the office or place to which I am
eiefted.;* ' M*
[ 15 ]
And the Governor, Lieutenant-Governor, and
Counfellors, /hall make and fubferibe the laid de-
claration, in the prefence of ?he two Houfes of Afi-
fembiy j and the Senators and Representatives firft
ele&ed under this Cotffiitutib^ before the Prefi-
dentand five of the Council of the former Confti-
tinion, and forever afterwards before the Governor
and Council for the time being.
And every perfon chofen to either of the places
> or offices aforefaid, as alfo any perfon appointed or
commiffioned to any judicial, executive, military,
or other office under the government, (hall, before
he enters on the difeharge of the bufinefs of his
place or office, take and fubferibe the following
declaration, and oaths or affirmations, viz.—
“ I, A. B# do truly and fincerely acknowledge*
profefs, teflify and declare, that the Commonwealth
cf Maffachufetts is, and of right ought to be, a
free, fovereign and independent State 3 and 1 do
fwear, that I will bear true faith and allegiance to
the faid Commonwealth, and that I will defend the
r- fame againfl traiterous confpiracies and all hoflile
attempts whatfoever : And that I do renounce and
abjure all allegiance, lubjeftion and obedience
the King, Queen or Government of Great-Britain,
(as the cafe may be) and every other foreign power
whatfoever : Arid that no foreign Prince, Perfon,
Prelate, State or Potentate, hath, or ought to have,;
. any jurifditfion, fuperiority, pre-eminence, autho-
rity, difpenfing or other power, in any matter, civil
ecclefiaftical or fpiritual, within this Common- *
wealth 3 except the authority and power which is
or may be veiled by their Condiment! in the Con-
grefs
[ 4* ]
jgrefs ©f the United States : And I do further tefti-
fy and declare, that no man or body^of men hath
or can have any right to abfolve or difeharge me
from the obligation of this oath, declaration or af-
firmation ; and that I do make this acknowledge-
ment, profeffion, teftimony, declaration, denial,
renunciation and abjuration, heartily and truly, ac-
cording to the common meaning and acceptation
ef the foregoing words, without any equivocation,
mental evafion, or fecret refer vation whatfoever*
So help me GOD.”
€< 1, A. B. do folcmnly fwear and affirm, that
I will faithfully and impartially difeharge and per-
form all the duties incumbent on me as 5
according to the beft of nay abilities and under-
ftanding, agreeably to the rules and regulations of
the Confiitution, and the laws of this Common-
wealth.” “ So help me GOD.”
Pgovj ded always, that when any perfon chofen
©r appointed as aforefaid, (hall be of the denomi-
nation of the people called Quakers, and ffiall de-
cline taking the faid oaths, he fhall make his affir-
mation in the foregoing form, and fubferibe the
fame, omitting the words “ 1 do /wear,” “and
abjure f “ oath or” “and abjuration ” in the firft
eath ; and in the fecond oath, the words “ jw ear
and-” and in each of them the words “ So kelp
me G O D fubjoining inftead thereof, “ *lhii
1 do under the pains and penalties of perjury”
And the faid oaths or affirmations (hall be taken
and (ubferibed by the Governor, Lieutenant-Go-
vernor, and Counfellors, before the Prcfident cf
the Senate, in the prcfcnceo/ the two Houfcs of
Atfsmbly *
C 47 I
Aflembly ; and by theSenators and ReprefentaliVts
firft elefted under this Conflitution, before the Pre-
fident and five of the Council of the former Con-
ftitution j and forever afterwards before the Go-
vernor and Council for the time being : And by
the refidue of the officers aforefaid, before fuch per-
fons and in fuch manner as from time totimefhalf
be preferibed by the Legiflature.
II. No Governor, Lieutenant-Governor, or
judge of the fupreme judicial court, fhall hold any
other office or place, under the authority of this.
Commonwealth, except fuch as by this Conftitution
they are admitted to hold, faving that the Judges of
the faid court may hold the offices of Juflices of
the Peace through the State ; nor fhall they hold
any other place or office, or receive any penfion or
falary from any other State or Goverment or Power
whatever.
No perfon fhall be capable of holding or cxer-’
cifingat the fame time, more than one of the fol-
lowing offices within this State, viz. — Judge of
r Probate — Sheriff — Regifter of Probate — or Remi-
tter of Deeds — and never more than any two oftV
ces which are to be held by appointment of the
Governor, or the Governor and Council, or the Se-
nate, or the Houfe of Reprcfentatives, or by the
eledion of the people of the State at large, ©r of
the people of any county, military offices and the
offices of Ju dices of the Peace excepted, fhall
held by one perfon.
No perfon holding the office of Judge o£,th&
fupreme judicial court — Secretary — Attorney-Ge.-
^ral—Solhcitor-General — Treafurer or R
eceiver-
[ 3
General — Judge of Probate — Commiffiry-Gcneral
— Prefident, Profeffor, or Intruder of Harvard-
College — Sheriff— Clerk of the Houfe of Reprc-
fentatives — Regiffarof Probate — Regifter of Deeds
—Clerk of the Supreme Judicial Court— Clerk of
the Inferior Court of Common Pleas — ©r Officer
of the Cuftoms, including in this defeription Na-
val-Officers— (hall at the fame time have a feat in
the Senate or Houfe of Representatives ; but their
being chofen or appointed to,& accepring the fame,
(hall operate as a refignation of their feat in the Se-
nate or Houfe of Reprdentatives 5 and the place
fo vacated (hall be filled up.
And the fame rule fhail take place in cafe any
Judge ot th*faidSupremeJudicialCourt,orJudge of
Probate, fhail accept a feat in Council ; or any
Counfcllor fhail accept of either of thofe offices or
places.
And no perfon fhail ever be admitted to hold a
Jfea't in the Legiflature, or any office of truft or im-
portance under the government of this Common-
wealth, who fhail, in the due courfe of law, have
been convided of bribery or corruption in obtain-
ing an eledlion or appointment.
III. In all cafes where fums of money are men-
tioned in thi$Conftitution,the value thereof fhail be
computed in filveratfix fhillingsand eight pence per
ounce : And it fhail be in the power of the Legifla-
ture fwm time to time to increafc fuch qualifica-
tions, as to property, of the perlons to be elected
to offices, as the circum fiances of the Common*
wjglth fljall require.
IV. Ala
[ 49 1
. « t i ■ ■
XV. All commiflions ffiall be in the name of the
Commonwealth of Maflachufetts, figned by the
Governor and attefted by the Secretary or his De-
puty, and have the great leal of the Commonwealth
affixed thereto.
V. All writs iffuingout of the clerk’s office in
any of the courts of law, ffiall be in the name of
the Commonwealth of Maffachafetts : They ffiall
be under the fcal of the court from whence they
iffue : They ffiall bear teft of the firft juflice of
the court* to which they ffiall be returnable, who
* t is not a party, and be figned by the clerk of fuch
court.
VI. All the laws which have heretofore been
adopted, ufed and approved in the Province, Colo-
ny or State of MafTachufetts-Bay, and ufually prac-
ticed on in the courts of law, ffiall dill remain and
be in full force, until altered or repealed by the Le-
ft giflature ; fuch parts only excepted as are repug-
nant to the rights and liberties contained in this
* I Conftitution.
c t VII. The privilege and benefit of the writ of
* | habeas corpus ffiall be enjoyed in this Common-
wealth in the mod free, eafy, cheap, expcdi-
i* tious and ample manner ; and ffiall not be fuf-
* pended by the Legiflature, except upon the mod
i urgent and preffing ccr.afions,and for a limited time
not exceeding twelve months.
VIII. The enadling flile, in making and paffing
J all adts, ftatute* and laws, ffiall b§ — <c Be it enadted
» by the Senate and Iloufe of Reprelentatives in
General Court SiTumbled, and by the authority of
the lame,’*
G IX. To
♦
IX. To the end there may be no failure of Ju&
Hice or danger arife to the Commonwealth from a
change of the Form of Government* — all officers,
civil and military, holding commiffions under the
government & people of Maffachufetts-Bay inNew
England, and all other officers of the faid govern-*
ment and people, at the time this Confutation fl^al t
take effcdt, fball have, hold, ufe, cxercife and en-
joy all the powers and authority to them granted or
committed, until other per fans (hall be appointed
in their dead : And all courts of law fhaii proceed
in the execution of the bufinefs of their refpetlive
departments ; and all the executive and legislative:
officers, bodies and powers (hall continue in full
force, in the enjoyment and exercife of all their
trufts, employments and authority ; until the Ge-
neral Couit and the fnpreme and executive officers
under this Con flit ut ion are defignated and invefted
with their refpe&ive trufts, powers and authority.
X. In order the mere effectually to adhere to
the principles of the Conftitution, and to correct
thole violations which by any means may he made
therein, as well as to form iuch alterations as from
experience ffiall be found neceffary— the General
Court which fhali be in the year of our Lord one
thou fand feven hundred, and ninety-five, (hall iflue
precepts to the Selectmen of the feveral towns,
and to the affiffors of the unincorporated planta-
tions, directing them to convene the qualified vo-
ters of their refpeflive towns and plantations fc?
the purpofe of coUefting their ferrtiments on the
neceflity or expediency of revifing^he CcnP. nation.,
in order to amendments.
' A; »
£ 51 ]
And if it fhall appear by the returns made, that,
two thirds of the qualified voters throughout the
State, who (hall affemble and vote in confe-
quence of the faid precepts, are in favour of fuch
revifion or amendment, the General Court fhall
JfTue precepts, or dired them to be iffucd from the
Secretary’s office to the feveral towns to eled de-
legates to meet in Convention for the purpofs
afore fa id.
The faid delegates to be cbofen in the fame man-
ner and proportion as their Rcprefentativcs in the
fecond branch of the Legiflature are by this Con-
stitution to be chofen.
XI. This form of government fhall be enrolled
on parchment and depofited in the Secretary’s of-
fice, and be a part of the laws of the- land— and
printed copies thereof fhall be prefixed to the book
containing the laws of this Commonwealth, in all
future editions of the faid laws.
JAMES BQWDOIN, Prefident.
At reft.
SAMUEL BARRETT, Secretary .
[ P 3
CONVENTION.
March 2, 1780.
J3 & S O LV E D, That this Convention be
%£\m. adjourned to the firft Wednefday in June
next, to meet at Boftoa ; and that Eighteen
hundred Copies of the Form of Government
which (hall be agreed upon be printed; and, includ-
ing fucli as {hall be ordered to each Member of the
Convention, he fent to the Selectmen of each Town
and the Committees of each Plantation, under
she direction of a Committee to be appointed
for the purpofe : And that they be requeued as
fbon as may be to lay them before the Inhabitants
of their rcfpe&ive Towns and Plantations, And if
the major part of the Inhabitants of thefaid Towns
and Plantations difapprove of any particular Part
of the fame, that they be defiled to Rate their Ob-
jections diftincily and the lleafons therefor :
And the Selectmen and Committees aforefaid are
defiFed to tranfmit the fame to the Secretary of
the Covcntion on the firft W.?dnefday in June, or
if may be, on the laft Wednefday in May, in order
to his laving the fame before a Committee to be
appointed for the purpofe of examining and ar-
ranging them for the rtvifion and confederation of
the Convention at the Adjournment ; with the
Humber of Voters in the faid Town and Plantati-
on Meetings, on each fide of every Queftion ; in
— ; „ order
[ 53 3
©r4er that the faidConvention,at the Adjournment
may colled the general fenfe of their Conftituents
on the fcveral Parts of the propofed Conftitution :
And if there doth not appear to be two thirds of
their Conftituents in favour thereof, that the Con-
vention may alter it in fuch a manner as that it
may be agreeable ro theSentiments of two thirds o£
theVoters throughout the State.
Refohedy That it be recommended to the Inha-
bitants of the fevera! Towns and Plantations in
this State, to empower their Delegates at the next
Seftlon of this Convention, to agree upon a Time
ivhen this Form of Government fhali take Place,
\vithout returning the fame again to the People :
Provided that two thirds of the Male Inhabitants
of the Age of twenty one years and upwards, vot-
ing in the fcveral Town and Plantation Meetings
Hull agree to the fame, or the Convention fhali con-
form it to the Sentiments of two thirds of the Peo-
ple as aforefaid.
Refolved , That the Towns and Plantations thro*
this State have a Right to chooie other Delegates,
inftead of the prefent Members, to meet in
Convention on the firft Wednefday in June next,
if they fee fit.
A true Copy, Atteft.
SAMUEL BAR RSTT, Secretary.
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